alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Rochester Dry Goods Company, Appellant, *v.*Louise K. Fahy, Respondent.

(Argued May 1, 1907;

decided May 21, 1907.)

*Rochester Dry Goods Co.*v. *Fahy,*111 App. Div. 748, affirmed.

Appeal from a judgment entered March 22,1906, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department overruling plaintiff’s exceptions, ordered to be heard in the first instance by the Appellate Division, denying a motion for a new trial and directing judgment for defendant on a nonsuit granted at the Trial Term in an action to recover for an alleged breach of contract.

*Henry Adsit Bull*for appellant.

*George A. Carnahan*for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cullen, Ch. J., Gray, O’Brien, Vann, Werner, Willard Bartlett and Chase, JJ.
# EUR-Lex - 11957E/PRO/BEI/23 - EN

Avis juridique important

*|*

# 11957E/PRO/BEI/23

**TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, PROTOCOL ON THE STATUTE OF THE EUROPEAN INVESTMENT BANK, ARTICLE 23 **

*

*

++++

Article 23

1 . The Bank may employ any available funds which it does not immediately require to meet its obligations in the following ways :

( a ) it may invest on the money markets ;

( b ) it may , subject to the provisions of Article 20 ( 2 ) , buy and sell securities issued by itself or by those who have borrowed from it ;

( c ) it may carry out any other financial operation linked with its objectives .

2 . Without prejudice to the provisions of Article 25 , the Bank shall not , in managing its investments , engage in any currency arbitrage not directly required to carry out its lending operations or fulfil commitments arising out of loans raised or guarantees granted by it .

3 . The Bank shall , in the fields covered by this Article , act in agreement with the competent authorities or with the bank of issue of the Member State concerned .
Argued and submitted December 10, 1993,

reversed and remanded for reconsideration March 9, 1994

#### In the Matter of the Compensation of Henry L. Studer, Claimant. Henry L. STUDER, *Petitioner, v.*N.W. AGRICULTURAL CO-OP and SAIF Corporation, *Respondents.*

(91-18057; CAA78878)

869 P2d 906

Edward J. Harri argued the cause for petitioner. With him on the brief was Malagon, Moore, Johnson, Jensen & Correll.

Michael O. Whitty, Assistant Attorney General, argued the cause for respondents. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Rossman, Presiding Judge, and De Muniz and Leeson, Judges.

PER CURIAM

Reversed and remanded for reconsideration in the light of *Stone v. Whittier Wood Products,*124 Or App 117, 861 P2d 387 (1993).
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 22

- 00672

- CV

Giovanni Mola and Nicola Mola , Appellant s

v.

Joseph Berro , Appellee

FROM THE 459TH DISTRICT COURT OF TRAVIS COUNTY NO. D

- 1

- GN

- 21

- 007184 , THE HONORABLE JESSICA MANGRUM , JUDGE PR E SIDING

M E M O R A N D U M O P I N I O N

On January 4, 2023, a ppellee Jos eph Berro f iled a mot ion to dismiss this appeal

for want of prosecution because appellants have not timely f iled their b r ief. Appellant s ’ brief

was or ig inally due in December 2022

. On Januar y 12, 2 023 , this C ourt requested that appellants

file a response to the motion to dismiss on or before January 23, 2023. To date, appellant s have

not filed a response to the motion to dismiss , and they have not fil ed t heir brief or a motion for

extension of time to file t heir b rief

. Accordingly, we grant appelle e ’ s motion and dismiss this

appeal for want of prosecution. See Tex. R. App. P. 42.3(b).2 __________________________________________ Rosa Lopez T heofanis , Justice

Before C hief Justice Byrne, Justices Tri ana and The ofanis

Di smissed for Want of Prosecution

Filed: January 31, 2023
I

103D CONGRESS

1ST SESSION H. R. 540

To amend the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (Superfund) to provide that municipalities and

other persons shall not be liable under that Act for the generation

or transportation of municipal solid waste.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1993

Mr. SMITH of New Jersey introduced the following bill; which was referred

to the Committee on Energy and Commerce

A BILL

To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) to provide that municipalities and other persons shall not be

liable under that Act for the generation or transportation

of municipal solid waste.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Toxic Pollution

5 Responsibility Act of 1993’’.
2

•HR 540 IH

1 SEC. 2. LIABILITY FOR CERTAIN SUBSTANCES.

2 (a) GENERATION AND TRANSPORTATION OF MUNICI3 PAL SOLID WASTE—Section 107 of the Comprehensive

4 Environmental Response, Compensation, and Liability Act

5 of 1980 (42 U.S.C. 9607), commonly referred to as

6 ‘‘Superfund’’, is amended by adding at the end the follow7 ing new subsection:

8 ‘‘(n) LIMITATION ON LIABILITY FOR GENERATION

9 OR TRANSPORTATION OF MUNICIPAL SOLID WASTE.—

10 ‘‘(1) IN GENERAL.—No municipality or other

11 person shall be liable for any costs or damages

12 under paragraph (3) or (4) of subsection (a) of this

13 section by reason of such municipality or other per14 son’s generation or transportation of municipal solid

15 waste.

16 ‘‘(2) DEFINITIONS.—As used in this sub17 section—

18 ‘‘(A) the term ‘municipality’ means any po19 litical subdivision of a State, including any city,

20 county, town, township, school district, and

21 other legal government entity; and

22 ‘‘(B) the term ‘municipal solid waste’

23 means solid waste generated by households and

24 includes waste from commercial, institutional,

25 and industrial sources if the amount and tox26 icity of substances contained in the waste do
3

•HR 540 IH

1 not exceed that which one would expect to find

2 in waste generated by households.

3 ‘‘(3) GUIDELINES.—The Administrator may

4 promulgate guidelines to be used in determining the

5 waste which qualifies as municipal solid waste under

6 paragraph (2)(B).’’.

7 (b) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall apply with respect to response actions

9 and suits brought under the Comprehensive Environ10 mental Response, Compensation, and Liability Act of

11 1980 whether such response action or suits are com12 menced before, on, and after the date of the enactment

13 of this Act; except that such amendment shall not apply

14 to any suit brought under such Act in which final judg15 ment has been entered by a court before the date of the

16 enactment of this Act.

Æ
EXHIBIT 23

                        CONSENT OF KPMG PEAT MARWICK LLP









<PAGE>




                          INDEPENDENT AUDITORS' CONSENT



The Board of Directors
Magna Bancorp, Inc.

We consent to incorporation by reference in the Registration  Statements on Form
S-8 (Nos. 33-50302,  33-50304 and 333-3308) of our report dated August 29, 1997,
relating to the  consolidated  financial  statements of Magna Bancorp,  Inc. and
subsidiaries  as of June 30,  1997  and  1996  and for each of the  years in the
three-year period ended June 30, 1997, which report appears in the Annual Report
on Form 10-K of Magna Bancorp, Inc. for the fiscal year ended June 30, 1997. Our
report  refers to a change in the method of  accounting  for mortgage  servicing
rights in 1996.


                                                       /s/ KPMG PEAT MARWICK LLP
                                                       -------------------------
Jackson, Mississippi                                   KPMG PEAT MARWICK LLP
September 25, 1997
```

[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)]
[Notices]
[Page 2436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00112]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Ninth RTCA SC-233 Addressing Human Factors/Pilot Interface Issues 
for Avionics Plenary

AGENCY: Federal Aviation Administration (FAA), U.S. Department of 
Transportation (DOT).

ACTION: Ninth RTCA SC-233 Addressing Human Factors/Pilot Interface 
Issues for Avionics Plenary.

-----------------------------------------------------------------------

SUMMARY: The FAA is issuing this notice to advise the public of a 
meeting of Ninth RTCA SC-233 Addressing Human Factors/Pilot Interface 
Issues for Avionics Plenary.

DATES: The meeting will be held February 07-09, 2017, 08:30 a.m.-04:30 
p.m.

ADDRESSES: The meeting will be held at: RTCA Headquarters, 1150 18th 
Street NW., Suite 910, Washington, DC 20036.

FOR FURTHER INFORMATION CONTACT: Rebecca Morrison at rmorrison@rtca.org 
or 202-330-0654, or The RTCA Secretariat, 1150 18th Street NW., Suite 
910, Washington, DC, 20036, or by telephone at (202) 833-9339, fax at 
(202) 833-9434, or Web site at http://www.rtca.org.

SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal 
Advisory Committee Act (Pub. L. 92-463, 5 U.S.C., App.), notice is 
hereby given for a meeting of the Ninth RTCA SC-233 Addressing Human 
Factors/Pilot Interface Issues for Avionics Plenary. The agenda will 
include the following:

Tuesday, February 7, 2017--8:30 a.m.-4:30 p.m.

1. Introduction, Upcoming PMC Dates and Deliverable
2. Review of TOR
3. September meeting summary approval
4. December meeting summary approval
5. Roadmap for remaining items to be completed; notional schedule of 
activities remaining
6. Working group of the whole--Address Comments

Tuesday, February 8, 2017--8:30 a.m.-4:30 p.m.

7. Working group of the whole--Address Comments

Thursday, February 9, 2017--8:30 a.m.-4:30 p.m.

8. Working Group of the whole--Address Comments
9. Summary report of working group of the whole meetings on February 
7th and 8th
10. Other Business
11. Action Items
12. Review of key dates
13. Adjourn

    Attendance is open to the interested public for plenary items, but 
limited to space availability. Working group of the whole items are 
closed to the public. With the approval of the chairman, members of the 
public may present oral statements at the meeting. Persons wishing to 
present statements or obtain information should contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section. Members of the 
public may present a written statement to the committee at any time.

    Issued in Washington, DC, on January 4, 2017.
Mohannad Dawoud
Management & Program Analyst, Partnership Contracts Branch, ANG-A17 
NextGen, Procurement Services Division, Federal Aviation 
Administration.
[FR Doc. 2017-00112 Filed 1-6-17; 8:45 am]
 BILLING CODE 4910-13-P
```
<PAGE>
                                                                    EXHIBIT 23.1



            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



The Board of Directors
Hollinger International Inc.:

    We consent to the incorporation by reference in the registration statements
Nos. 333-17111 and 333-82356 on Form S-3 and No. 33-88810, 333-29655 and
333-29651 on Form S-8 of Hollinger International Inc. of our reports dated March
31, 2006, with respect to the consolidated balance sheets of Hollinger
International Inc. and subsidiaries as of December 31, 2005 and 2004, and the
related consolidated statements of operations, comprehensive income (loss),
stockholders' equity (deficit) and cash flows for each of the years in the
three-year period ended December 31, 2005, management's assessment of the
effectiveness of internal control over financial reporting as of December 31,
2005 and the effectiveness of internal control over financial reporting as of
December 31, 2005, which reports appear in the December 31, 2005 annual report
on Form 10-K of Hollinger International Inc.

    Our report dated March 31, 2006, on management's assessment of the
effectiveness of internal control over financial reporting and the effectiveness
of internal control over financial reporting as of December 31, 2005, expresses
our opinion that Hollinger International Inc. and subsidiaries did not maintain
effective internal control over financial reporting as of December 31, 2005
because of the effects of material weaknesses on the achievement of the
objectives of the control criteria and contains an explanatory paragraph that
states that management identified and included in management's assessment
material weaknesses relating to an ineffective control environment, ineffective
communication, IT general controls and income taxes.


Chicago, Illinois
March 31, 2006

                                                 /s/ KPMG LLP
Editorial Note on Part 622
Editorial Note: Nomenclature changes to part 622 appear at 79 FR 57837, Sept. 26, 2014 and at 81 FR 32253, May 23, 2016.

§ 622.407 Minimum size limits and other harvest limitations. ( a ) *Minimum size limits.* ( 1 ) Except as provided in paragraph (c) of this section— ( i ) No person may possess a spiny lobster in or from the EEZ with a carapace length of 3.0 inches (7.62 cm) or less; and
( ii ) A spiny lobster, harvested in the EEZ by means other than diving, with a carapace length of 3.0 inches (7.62 cm) or less must be returned immediately to the water unharmed.
( 2 ) No person may harvest or attempt to harvest a spiny lobster by diving in the EEZ unless he or she possesses, while in the water, a measuring device capable of measuring the carapace length. A spiny lobster captured by a diver must be measured in the water using such measuring device and, if the spiny lobster has a carapace length of 3.0 inches (7.62 cm) or less, it must be released unharmed immediately without removal from the water.
( 3 ) Aboard a vessel authorized under paragraph (d) of this section to possess a separated spiny lobster tail, no person may possess in or from the EEZ a separated spiny lobster tail with a tail length less than 5.5 inches (13.97 cm).
( b ) *Berried lobsters.* A berried (egg-bearing) spiny lobster in or from the EEZ must be returned immediately to the water unharmed. If found in a trap in the EEZ, a berried spiny lobster may not be retained in the trap. A berried spiny lobster in or from the EEZ may not be stripped of its eggs or otherwise molested. The possession of a spiny lobster, or part thereof, in or from the EEZ from which eggs, swimmerettes, or pleopods have been removed or stripped is prohibited.
( c ) *Undersized attractants.* A live spiny lobster under the minimum size limit specified in paragraph (a)(1) of this section that is harvested in the EEZ by a trap may be retained aboard the harvesting vessel for future use as an attractant in a trap provided it is held in a live well aboard the vessel. The live well must provide a minimum of 3 ⁄ 4 gallons (1.7 liters) of seawater per spiny lobster. An undersized spiny lobster so retained must be released to the water alive and unharmed immediately upon leaving the trap lines and prior to 1 hour after official sunset each day. No more than 50 undersized spiny lobsters plus 1 per trap aboard the vessel may be retained aboard for use as attractants.
( d ) *Tail separation.* ( 1 ) The possession aboard a fishing vessel of a separated spiny lobster tail in or from the EEZ, is authorized only when the possession is incidental to fishing exclusively in the EEZ on a trip of 48 hours or more and a valid Federal tail-separation permit, and either a valid Federal vessel permit for spiny lobster or a valid Florida Saltwater Products License with a valid Florida Restricted Species Endorsement and a valid Crawfish Endorsement, as specified in § 622.400(a)(2), has been issued to and are on board the vessel.
( 2 ) Spiny lobster must be landed either all whole or all tailed on a single fishing trip.
[78 FR 22952, Apr. 17, 2013, as amended at 83 FR 29047, June 22, 2018]
---

Exhibit 32.1

CERTIFICATION PURSUANT TO 
  18 U.S.C. ss.1350, AS ADOPTED PURSUANT TO 
  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Solely for the purposes of complying with, and the extent
  required by 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
  Act of 2002, the undersigned certifies, in his capacity as the Chief Executive
  Officer of Jupiter Enterprises, Inc. (the "Company") that, to his knowledge:

*
  the periodic report of the Company on Form 10-QSB for the period ended June
  30, 2004, as filed with the Securities and Exchange Commission on the date hereof
  (the "Report"), fully complies with the requirements of Section 13(a) or 15(d)
  of the Securities Exchange Act of 1934, and

*
  the information contained in the Report fairly presents, in all material respects,
  the financial condition and results of operations of the Company.

|Date: August 31, 2004 | By: | /s/ Chris Harper                     
|--------------------- | --- | -------------------------------------
|                      |     | Chris Harper, Chief Executive Officer

---
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

July 29, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver 136295 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 136295 COA: 270900 Wayne CC: 05-010650-01 BENNIE LEE BRYANT, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the March 6, 2008 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

d0721 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

July 29, 2008

Clerk
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the 
Consolidated Balance Sheets and Consolidated Statements of Earnings as reported
in Exhibit 13 of the Form 10-K and is qualified in its entirety by reference to
such financial statements.
                                              RESTATED
</LEGEND>
                                              
<MULTIPLIER>                                     1,000                          
       
                                              
<S>                                        <C>
<PERIOD-TYPE>                                     YEAR
<FISCAL-YEAR-END>                           Feb-3-1996
<PERIOD-START>                             Jan-29-1995
<PERIOD-END>                                Feb-3-1996
<CASH>                                         203,000
<SECURITIES>                                         0
<RECEIVABLES>                                  129,000
<ALLOWANCES>                                         0
<INVENTORY>                                  2,000,000
<CURRENT-ASSETS>                             2,419,000
<PP&E>                                       4,929,000
<DEPRECIATION>                               1,071,000
<TOTAL-ASSETS>                               6,738,000
<CURRENT-LIABILITIES>                        2,093,000
<BONDS>                                        827,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        30,000
<OTHER-SE>                                   3,402,000
<TOTAL-LIABILITY-AND-EQUITY>                 6,738,000
<SALES>                                      9,427,000
<TOTAL-REVENUES>                             9,427,000
<CGS>                                        6,592,000
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               589,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              86,000
<INCOME-PRETAX>                                266,000
<INCOME-TAX>                                   118,000
<INCOME-CONTINUING>                            148,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   148,000
<EPS-PRIMARY>                                     0.54
<EPS-DILUTED>                                     0.53
        


</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-2046

In Re: CLOREY EUGENE FRANCE,

Petitioner.

On Petition for Writ of Mandamus.

(1:13-cv-00250-JAB-LPA)

Submitted: April 10, 2015 Decided: April 16, 2015

Before MOTZ and GREGORY, Circuit Judges, and DAVIS, Senior 

Circuit Judge.

Petition denied by unpublished per curiam opinion.

Clorey Eugene France, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Clorey Eugene France petitions for a writ of mandamus, 

alleging that the district court has unduly delayed in ruling on 

his petition under 28 U.S.C. § 2254 (2012). He seeks an order 

from this court directing the district court to act. We find 

the present record does not reveal undue delay in the district 

court. Accordingly, we grant leave to proceed in forma pauperis

and deny the mandamus petition. We deny France’s motion for 

release pending appeal and emergency relief, and dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and 

argument would not aid the decisional process.

PETITION DENIED
V

103D CONGRESS

2D SESSION H. R. 5238

To authorize the vessel R/V ROSS SEAL to be documented under the

laws of a foreign country during a 3-year period.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 7 (legislative day, OCTOBER 6), 1994

Mr. BROOKS introduced the following bill; which was referred to the

Committee on Merchant Marine and Fisheries

A BILL

To authorize the vessel R/V ROSS SEAL to be documented

under the laws of a foreign country during a 3-year period.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORIZATION FOR R/V ROSS SEAL TO BE

4 DOCUMENTED UNDER THE LAWS OF A FOR5 EIGN COUNTRY.

6 Notwithstanding any other law—

7 (1) during the period beginning March 1, 1995,

8 and ending March 1, 1998, the vessel R/V ROSS

9 SEAL may be documented under the laws of a for10 eign country;
2

•HR 5238 IH

1 (2) that vessel shall not be prohibited from or

2 otherwise ineligible to engage in coastwise trade, by

3 reason of having been documented under the laws of

4 a foreign country in that period; and

5 (3) the Secretary of Transportation may not, by

6 reason of that vessel having been documented under

7 the laws of a foreign country in the period, withhold

8 documentation for that vessel under chapter 121 of

9 title 46, United States Code.

Æ
Editorial Note on Part 300
Editorial Note: Nomenclature changes to part 300 appear at 64 FR 44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.

§ 300.132 Lobster harvest limitations. ( a ) *Berried lobsters.* A berried (egg-bearing) lobster in treaty waters may not be retained on board. A berried lobster must be returned immediately to the water unharmed. A berried lobster may not be stripped, scraped, shaved, clipped, or in any other manner molested to remove the eggs.
( b ) *Size limit.* The minimum size limit for possession of lobster in or from treaty waters is 5.5 inches (13.97 cm), tail length. Tail length means the measurement, with the tail in a straight, flat position, from the anterior upper edge of the first abdominal (tail) segment to the tip of the closed tail. A lobster smaller than the minimum size limit must be returned immediately to the water unharmed.